0001| SENATE BILL 318
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| MANNY M. ARAGON
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO FINANCING OF CORRECTIONAL FACILITIES; AUTHORIZING
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0012| THE ISSUANCE OF SEVERANCE TAX BONDS AND NEW MEXICO FINANCE
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0013| AUTHORITY REVENUE BONDS FOR ACQUISITION OF CORRECTIONAL
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0014| FACILITIES; AUTHORIZING THE CORRECTIONS DEPARTMENT TO ENTER
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0015| INTO CONTRACTS TO HOUSE INMATES; CREATING A FUND; REPEALING
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0016| AND ENACTING SECTIONS OF THE NMSA 1978; REPEALING A SECTION OF
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0017| LAWS 1995; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. CORRECTIONAL FACILITIES ACQUISITION FUND
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0021| CREATED.--
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0022| A. The "correctional facilities acquisition fund"
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0023| is created in the state treasury. The fund shall consist of
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0024| severance tax bond proceeds, New Mexico finance authority
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0025| revenue bond proceeds and appropriations to the fund. Except
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0001| as provided in Subsection C of this section, balances in the
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0002| fund at the end of any fiscal year shall remain in the fund.
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0003| Earnings from investment of the fund shall be credited to the
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0004| fund.
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0005| B. Money in the correctional facilities
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0006| acquisition fund is available for appropriation by the
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0007| legislature for the acquisition of correctional facilities.
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0008| C. Upon certification by the secretary of
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0009| corrections and the secretary of general services to the
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0010| department of finance and administration that no additional
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0011| money is needed from the correctional facilities acquisition
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0012| fund for the acquisition of correctional facilities, any
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0013| balances remaining in the fund shall be transferred to the
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0014| general fund.
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0015| Section 2. CONTRACT TO HOUSE ADULT INMATES IN TREATMENT
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0016| OR SPECIAL PROGRAM FACILITIES.--
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0017| A. The corrections department shall solicit
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0018| proposals for the purpose of entering into a contract with a
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0019| private detention facility pursuant to Subsection G of Section
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0020| 31-20-2 NMSA 1978 to operate both an adult female
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0021| reintegration facility and an in-prison substance abuse
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0022| treatment facility for adult male inmates.
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0023| B. The facility contracting with the corrections
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0024| department pursuant to Subsection A of this section shall:
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0025| (1) be privately financed, designed,
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0001| constructed and operated by the contractor; provided that a
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0002| facility financed by bonds issued pursuant to the Industrial
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0003| Revenue Bond Act or the County Industrial Revenue Bond Act and
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0004| sold to the contractor shall be privately financed by the
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0005| contractor for the purposes of this paragraph;
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0006| (2) consist of a two-hundred-fifty-bed adult
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0007| female reintegration facility and a four-hundred-bed adult
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0008| male in-prison substance abuse treatment facility located
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0009| adjacent to each other in a correctional complex located in
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0010| the middle Rio Grande corridor; and
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0011| (3) certify that the facility was built by a
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0012| primary contractor and subcontractors that:
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0013| (a) maintain their primary places of
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0014| business in New Mexico;
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0015| (b) hired laborers for construction of
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0016| the facility as employees, rather than as independent
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0017| contractors, and who are New Mexico residents;
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0018| (c) provided health care benefits,
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0019| retirement benefits and unemployment insurance to their
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0020| employees working on construction of the facility; and
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0021| (d) maintain apprenticeship programs
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0022| for their employees.
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0023| C. The corrections department shall solicit
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0024| proposals and award any contract pursuant to this section in
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0025| accordance with the provisions of the Procurement Code. The
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0001| contract shall include such terms and conditions as the
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0002| department may require after consultation with the general
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0003| services department; provided that the terms and conditions
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0004| shall include provisions that:
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0005| (1) set forth comprehensive standards for
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0006| conditions of incarceration;
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0007| (2) require the facility to meet or exceed
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0008| corrections department standards and meet appropriate
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0009| certification requirements within one year after beginning
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0010| operation and remain accredited through the life of the
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0011| contract;
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0012| (3) require the contractor to assume all
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0013| liability caused by or arising out of all aspects of the
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0014| provision or operation of the facility;
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0015| (4) require liability insurance or other
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0016| proof of financial responsibility acceptable to the general
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0017| services department that covers the contractor and its
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0018| officers, employees and agents in an amount sufficient to
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0019| cover all liability caused by or arising out of all aspects of
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0020| the provision or operation of the facility;
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0021| (5) require termination for cause upon ninety
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0022| days' notice to the contractor for failure to meet contract
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0023| provisions when such failure seriously affects the
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0024| availability or operation of the facility;
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0025| (6) provide that venue for enforcement of the
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0001| contract shall be in the district court for Santa Fe county;
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0002| (7) require continuation of the contract to
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0003| be subject to the availability of funds;
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0004| (8) provide that compliance with the contract
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0005| shall be monitored by the corrections department and the
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0006| contract may be terminated for noncompliance; and
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0007| (9) payments under the contract shall be made
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0008| only on a per diem per inmate basis.
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0009| Section 3. NEW MEXICO FINANCE AUTHORITY--PUBLIC PROJECT
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0010| APPROVAL.--Pursuant to the provisions of Section 6-21-6 NMSA
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0011| 1978, the legislature authorizes the New Mexico finance
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0012| authority to issue and sell revenue bonds in installments or
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0013| at one time in an amount not to exceed fifteen million dollars
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0014| ($15,000,000) payable solely from the public project revolving
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0015| fund for the acquisition of correctional facilities on terms
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0016| and conditions established by the authority when the
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0017| corrections department certifies the need for the issuance of
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0018| the bonds. The net proceeds from the sale of the bonds shall
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0019| be deposited in the correctional facilities acquisition fund
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0020| for appropriation by the legislature for acquisition of
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0021| correctional facilities.
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0022| Section 4. SEVERANCE TAX BONDS--PURPOSE.--The state
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0023| board of finance shall issue and sell severance tax bonds in
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0024| compliance with the Severance Tax Bonding Act in an amount not
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0025| to exceed forty-four million dollars ($44,000,000) when the
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0001| corrections department certifies the need for the issuance of
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0002| the bonds. The state board of finance shall schedule the
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0003| issuance and sale of the bonds in the most expeditious and
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0004| economical manner possible upon a finding by the board that
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0005| the project has been developed sufficiently to justify the
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0006| issuance and that the project can proceed to contract within a
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0007| reasonable time. The state board of finance shall further
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0008| take the appropriate steps necessary to comply with the
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0009| Internal Revenue Code of 1986, as amended. The proceeds from
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0010| the sale of the bonds shall be deposited in the correctional
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0011| facilities acquisition fund for appropriation by the
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0012| legislature for acquisition of correctional facilities. Any
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0013| unexpended or unencumbered balance remaining six months after
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0014| completion of a project shall revert to the severance tax
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0015| bonding fund. If the corrections department has not certified
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0016| the need for the issuance of the bonds by the end of fiscal
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0017| year 2000, the authorization provided in this section shall be
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0018| void.
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0019| Section 5. MIDDLE RIO GRANDE CORRIDOR CORRECTIONAL
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0020| FACILITY STUDY.--
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0021| A. The corrections department shall conduct a
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0022| study of the feasibility of locating a six-hundred-bed medium
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0023| security correctional facility for adult male inmates adjacent
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0024| to a correctional complex in the middle Rio Grande corridor
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0025| consisting of four hundred in-prison substance abuse treatment
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0001| beds for adult males and two hundred fifty female
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0002| reintegration beds for adult females. The study shall focus
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0003| on a comparison of the advantages, cost-savings and other
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0004| differences between private and public operation of the medium
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0005| security facility, which would be located adjacent to a
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0006| correctional complex that includes an in-prison substance
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0007| abuse facility and a female reintegration facility, and the
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0008| feasibility of public and private sharing of infrastructure or
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0009| services among areas in the central campus of that
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0010| correctional complex.
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0011| B. The corrections department shall present the
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0012| results of the study, including its findings and
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0013| recommendations, to the appropriate interim legislative
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0014| committee dealing with corrections and the legislative finance
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0015| committee prior to November 1, 1998 and to the first session
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0016| of the forty-fourth legislature.
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0017| Section 6. APPROPRIATION--HOUSING INMATES IN CIBOLA
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0018| COUNTY--CONTRACT PROVISIONS.--
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0019| A. Two million dollars ($2,000,000) is
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0020| appropriated from the general fund to the corrections
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0021| department for expenditure in fiscal year 1999 to contract
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0022| with Cibola county to house additional inmates at the Cibola
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0023| county corrections center. Any unexpended or unencumbered
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0024| balance remaining at the end of fiscal year 1999 shall revert
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0025| to the general fund.
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0001| B. The contract entered into pursuant to
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0002| Subsection A of this section shall provide:
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0003| (1) that the total number of state inmates
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0004| housed at the Cibola county corrections center shall equal
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0005| five hundred fifty-two medium-security inmates and one hundred
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0006| seventy-six minimum-restrict inmates; and
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0007| (2) that the corrections department shall not
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0008| reduce the number of inmates housed at the Cibola county
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0009| corrections center below the numbers specified in Paragraph
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0010| (1) of this subsection unless it has first removed all
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0011| similarly classified state inmates from all other private,
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0012| county-operated or out-of-state correctional facilities.
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0013| Section 7. APPROPRIATION--GENERAL FUND.--Eight million
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0014| five hundred thousand dollars ($8,500,000) is appropriated
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0015| from the general fund to the correctional facilities
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0016| acquisition fund for expenditure in fiscal year 1998 and
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0017| subsequent fiscal years for acquisition of correctional
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0018| facilities. Any unexpended or unencumbered balance remaining
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0019| in the correctional facilities acquisition fund after any
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0020| fiscal year shall not revert to the general fund.
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0021| Section 8. ACQUISITION OF CORRECTIONAL FACILITIES--
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0022| CONDITIONS--APPROPRIATIONS.--
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0023| A. Sixty-seven million five hundred thousand
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0024| dollars ($67,500,000) is appropriated from the correctional
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0025| facilities acquisition fund to the property control division
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0001| of the general services department for expenditure in fiscal
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0002| years 1998 through 2000 in the following amounts for the
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0003| following purposes:
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0004| (1) thirty-five million dollars ($35,000,000)
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0005| to acquire an eight-hundred-bed correctional facility in Lea
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0006| county that is expandable to one thousand two hundred beds;
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0007| and
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0008| (2) thirty-two million five hundred thousand
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0009| dollars ($32,500,000) to acquire a six-hundred-bed
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0010| correctional facility in Guadalupe county that is expandable
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0011| to nine hundred beds.
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0012| B. Each county or political subdivision in the
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0013| county in which a correctional facility is to be located
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0014| pursuant to Subsection A of this section shall provide land
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0015| for the facility site and arrange for utilities, roads and
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0016| related infrastructure needs to the property line of the
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0017| facility site in the form of in-kind contributions. In
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0018| addition to the appropriation in Paragraph (1) of Subsection A
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0019| of this section, the city of Hobbs and Lea county shall
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0020| contribute jointly ten million dollars ($10,000,000) in local
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0021| matching funds for the correctional facility project
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0022| authorized in Lea county pursuant to that paragraph.
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0023| C. No contract for the acquisition of a facility
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0024| shall be entered into pursuant to Subsection A of this section
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0025| unless the secretary of corrections certifies that the
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0001| facility will be built by a primary contractor and
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0002| subcontractors that:
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0003| (1) maintain their primary places of business
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0004| in New Mexico;
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0005| (2) hire laborers for construction of the
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0006| facility as employees, rather than as independent contractors,
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0007| and who are New Mexico residents;
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0008| (3) provide health care benefits, retirement
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0009| benefits and unemployment insurance to their employees working
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0010| on construction of the facility; and
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0011| (4) maintain apprenticeship programs for
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0012| their employees.
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0013| Section 9. REPEAL.--
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0014| A. Section 7-27-5.22 NMSA 1978 (being Laws 1995,
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0015| Chapter 215, Section 2) is repealed.
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0016| B. Laws 1995, Chapter 214, Section 2 is repealed.
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0017| Section 10. EMERGENCY.--It is necessary for the public
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0018| peace, health and safety that this act take effect
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0019| immediately.
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0020|
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